ABSTRACT

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Why judicially modify the contract?

Author: Séraphine Nga ESSOMBA

Type: Article

ref: 52014399-418

N0:5 of 2014

Pages: 399-418

The Canal de Craponne ruling, issued on March 6th, 1876 by the Court of Cassation, pertains to the irrevocable and inviolable character of contracts. It forbids the judge to modify the party agreements. Contract judicial modification, introduced by legislators for certain types of contracts would alter its inviolable character. Nevertheless, we raise its admission remain indispensable because it could restore contractual balance and regulate the spirit of the contract.